RAHAT SHAH vs The STATE
This matter concerns an application for the suspension of sentence and grant of bail pending appeal filed by the convict/appellant, Rahat Shah, who was sentenced to one year of rigorous imprisonment. The core legal question before the court was whether the appellant, having served a portion of his sentence, should be released on bail while his appeal against the conviction remains pending adjudication. The Court observed that the appellant had already undergone approximately 80 days of incarceration, representing roughly one-fourth of the total sentence imposed, and noted that the benefit of Section 382-B of the Code of Criminal Procedure 1898 had already been extended by the trial court. Furthermore, the Court acknowledged the likelihood that the appeal process might consume significant time, potentially extending beyond the duration of the sentence itself. Consequently, the Court held that it was fair and appropriate to suspend the sentence and release the appellant on bail, subject to the furnishing of bail bonds. The principle established is that where a significant portion of a short sentence has been served and the appeal is unlikely to be decided promptly, bail is a justifiable exercise of judicial discretion.
- Can a court suspend a sentence and grant bail pending appeal if the appeal is unlikely to be concluded within a reasonable time?
- Is the fact that a convict has served a significant portion of their sentence a valid ground for granting bail pending appeal?
- Does the court have the authority to release a convict on bail under Section 426 of the Code of Criminal Procedure 1898 while an appeal is pending?
- Section 426, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' SAHIB KHAN, C.J.---Arguments heard on the application under section 426, Cr.P.C. Annexed with the main appeal.
2. ' Counsel for the convict/appellant states that the convict has been sentenced to one year's R.I.
3. With 10% of Diat amount against which this appeal has been preferred and pending adjudication and an application under section 426, Cr.P.C. For suspension of sentence and releasing the appellant on bail is also annexed.
4. It is pleaded that the appellant has already undergone about 50 days behind bars after arrest and about a month after conviction in the judicial lockup amounting to approximately 80 days.
5. ' Counsel for the appellant also pleads that time may be consumed in the process of adjudication of appeal and by the said time the appellant may have already under gone the sentence against him. That there is no possibility of conclusion of appeal within a reasonable time.
6. ' A.A.G. Representing the State has been called to assist the court as the matter is at the initial motion stage. He has not been noticed as such previously to defend the matter.
7. ' I feel that in the circumstances of the case as the appellant has undergone one fourth of the sentence of one year and the benefit of section 382-B, Cr.P.C. Has also been extended by the trial Court. It would seem fair that the appellant may be released on bail subject to furnishing his bail bonds in the sum of Rs, 2,00,000 (rupees two lac) with two sureties each in the like amount to the satisfaction of Registrar Chief Court.
8. ' Notice may be issued to respondent for a date in office for further proceedings on the main appeal.